Car struck driver's door as I was getting out of the car

I was getting out of my car and a car came from behind and hit the door just before I got out of the car. My door is damaged but only cosmetically, but the other vehicle was quite seriously damaged, with the owner saying they received a quote of around £2000 (although the damage did not seem nearly this significant at the time).

The road I was exiting my car on has a speed limit of 20, and I think there is a reasonable chance the other car may have been exceeding this speed, how could I go about proving this? I have one witness who was also getting out of the car at the time, and I believe that had the car been travelling at the speed limit, the driver would have noticed by open door and reacted with ease.

What course of action would people advise? Am I at fault for opening the door, is it a 50/50 and what effect would there be if the car were speeding on the outcome?
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Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 10 May 2018 at 6:13PM
    In view of the high cost of damage caused to the third party then you need to report this to your insurer and let them deal with any third party claim
  • loskie
    loskie Posts: 1,761
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    He should pass your car with adequate room should you open it, entirely his fault. Speed is irrelevant.
    http://www.highwaycodeuk.co.uk/uploads/3/2/9/2/3292309/the-official-highway-code-with-annexes-uk-en-12-04.pdf

    page 26
  • facade
    facade Posts: 6,965
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    50/50
    He will say you flung the door open directly in his path, leaving him no time to react, you will say you observed carefully before opening the door onto a clear road and had the door open for a good few seconds before he hit it, leaving him ages to go round it.

    Don't say he was going so fast that he appeared out of nowhere, as to know he was going fast you must have seen him. Things that "appear out of nowhere" generally weren't seen in the first place.
    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science ;))
  • System
    System Posts: 178,077
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    loskie wrote: »
    He should pass your car with adequate room should you open it, entirely his fault. Speed is irrelevant.
    http://www.highwaycodeuk.co.uk/uploads/3/2/9/2/3292309/the-official-highway-code-with-annexes-uk-en-12-04.pdf

    page 26

    Not necessarily entirely his fault. There are situations where it isn't possible to do that. You can't do it on my road for example because it isn't wide enough.

    The bit you quoted of the HC is "best practice", not the law.
  • Norman_Castle
    Norman_Castle Posts: 11,871
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    loskie wrote: »
    He should pass your car with adequate room should you open it, entirely his fault. Speed is irrelevant.
    http://www.highwaycodeuk.co.uk/uploads/3/2/9/2/3292309/the-official-highway-code-with-annexes-uk-en-12-04.pdf

    page 26
    These are rules for cyclists and given for the cyclists safety.
  • cajef
    cajef Posts: 6,264
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    loskie wrote: »
    He should pass your car with adequate room should you open it, entirely his fault. Speed is irrelevant.
    http://www.highwaycodeuk.co.uk/uploads/3/2/9/2/3292309/the-official-highway-code-with-annexes-uk-en-12-04.pdf

    page 26

    Instead of quoting rules for cyclists from the highway code try rule 239 for motorists.
    you MUST ensure you do not hit anyone when you open your door. Check for cyclists or other traffic
  • Norman_Castle
    Norman_Castle Posts: 11,871
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    rileysc9 wrote: »
    I believe that had the car been travelling at the speed limit, the driver would have noticed by open door and reacted with ease.
    I believe if you'd checked your mirror before opening the door you would have seen the oncoming car and had the sense not to open it.
  • [Deleted User]
    [Deleted User] Posts: 5,186
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    rileysc9 wrote: »
    I think there is a reasonable chance the other car may have been exceeding this speed, how could I go about proving this?

    Am I at fault for opening the door, is it a 50/50 and what effect would there be if the car were speeding on the outcome?

    You have no clue if the other car was speeding or not because you never saw it coming, if you had you wouldn't have opened your door.

    Entirely your fault I'm afraid, given the suggested costs you need to report it.
  • Car_54
    Car_54 Posts: 8,180
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    50/50, in the absence of any other evidence.

    The OP should have checked before opening: the 3rd party should have allowed "adequate clearance".
  • photome
    photome Posts: 16,350
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    Car_54 wrote: »
    50/50, in the absence of any other evidence.

    The OP should have checked before opening: the 3rd party should have allowed "adequate clearance".

    What happens if you can’t leave adequate clearance, although that doesn’t seem to be the case here
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